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Notification of decision following a Licensing Panel hearing to
determine an application for the grant of a premises licence under
section 17 of the Licensing Act 2003
 
PREMISES:  
299 Chiswick High Road, Chiswick, London W4 4HH
 
APPLICANT:  KSMV Properties
Limited
  
TAKE NOTICE
THATON 30 January
2024 following a hearing before the Licensing and General
Purposes Sub Committee (the “Licensing Panel” or
“Panel”),
 
HOUNSLOW COUNCIL,
as the Licensing Authority for the Premises
RESOLVED that:
 
the application for the grant
of a premises licence for 299 Chiswick High Road,
Chiswick, London W4 4HH is GRANTED subject to the
modifications and conditions stated below. 
 
REASONS:
 

1.         
The Panel convened to determine an application by
KSMV Properties Limited for 299 Chiswick High Road,
Chiswick, London W4 4HH (“the
“Premises”) for the grant of a premises
licence under the Licensing Act 2003. 
 

2.         
The licensable activities applied for are as follows: 
 

(a) 
Supply of alcohol for consumption on and off the
premises:
Monday to Sunday 09:00 to 01:30
 

(b) 
Live music and recorded music
(indoors):
Monday to Sunday 23:00 to 01:30
 

(c) 
Late-night refreshment
(indoors):
Monday to Sunday 23:00 to 01:30
 

(d) 
Opening hours premises
Monday to Sunday 09:00 to 02:00

 

3.         
A copy of the application was attached as Appendix A and to
the agenda pack (pages 13 to 29).
 

4.         
The Premises is not currently licensed.  The premises are situated in an area mixed of
commercial and residential properties. 
 

5.         
The hearing was held in-person. The Panel consisted
of three members.  All members of the
Licensing Panel were in attendance throughout the hearing, and
during deliberation which took place in a closed
session. 
 

6.         
The Licensing Panel carefully considered all the
relevant information including:
 

·      
Written and Oral representations by all the
parties

·      
The Licensing Act 2003 and the steps
appropriate to promotethe
Licensing Objectives

·      
The guidance issued under section 182 of the
Licensing Act 2003

·      
Hounslow Council’s licensing policy

·      
The Human Rights Act 1998
 

7.         
The measures proposed in the application are listed
in paragraphs 4.2 to 4.6 (inclusive) of the agenda pack (pages 7 to
9) and will be attached as conditions to any licence as may be
granted.   
 

8.         
As part of the consultation process the Authority
received eight representations from other persons (“the
objectors”) and one from the Ward Councillor.  The concerns from other persons are the hours
applied for and the possibility of noise nuisance and disturbance
to residents if the application is granted.  The representation from the Ward Councillor refers
to concerns the premises could become a night club and the granting
of the application could add to the noise and disturbances already
experienced by residents.  The written representations are
shown as Appendix B of the agenda pack (pages 30 to 37). All
the written objections were considered by the Panel before the
hearing.
 

9.         
There were no objections to the application from the
police and/or other responsible authorities.
 

10.     
During the licensing panel hearing the facts giving
rise to the application for the grant of a premises licence were
set out by the licensing officer and were agreed by all the parties
in attendance.
 

11.     
During the licensing panel hearing the Applicant
attended with his representative, Mr Stewart Gibson and two of the
objectors along with the Ward Councillor were in
attendance.  The chair allowed a total
of 5 minutes speaking time to the Applicant and to 5 minutes to
each objector along with 5 minutes to the Ward
Councillor.
 

12.     
Mr Gibson explained the background to the
application and that the premises will operate as a
restaurant.  He explained that the hours
of trading have been amended and that the trading hours will mirror
those of the premises known as The Republic which is next door and
owned by the Applicant. The premises will ensure that customers
leave the premises quietly and that it will be staggered so that
not everyone will leave the premises at once.   The Republic has 80 persons capacity and had
a licence for 3 years during this period here has been no
complaints of ASB in connection with this premises.
 

13.     
Mr Gibson pointed out that the application for the
licence is for a small premises that can accommodate a maximum of
20 persons on the ground floor and another 20 persons in
basement.  Upon the Panel referring to
the floor plan drawings which suggested that the maximum capacity
on each floor was 18, Mr Gibson confirmed that the correct figure
to be 18 on each floor. 
 

14.     
Mr Gibson also explained that the Applicant intends
to allow the basement to be available for private hire for small
events such as birthday parties or a private gathering and that as
the floor space is so small, it cannot be used for anything
else.  Mr Gibson further went on to
confirm that the premises will not be used as a night club and that
the Applicant is happy to have a condition attached to the licence
that specifically prohibits the use of the premises as a night club
and that this will mean that any future premises owner could not
also use the premises as a night club.
 

15.     
Mr Gibson emphasised that the Applicant has many
years of experience and that they will satisfy the planning
requirements.  Mr Gibson clarified that
the Applicant have received the plans ready which has not been
submitted as they wanted to know the outcome of the application for
a premises licence.  He assured the
Panel that if the application is granted, the Applicant will not
trade until planning is granted. 
 
Mr
Gibson explained that negotiations with the responsible authorities
have resulted in additional conditions. 
He drew the Panel’s attention to the fact that none of the
responsible authorities have not objected to the original hours
applied for.  Furthermore, the police
and Environmental Health are in support of the
application. 
 

16.     
Mr Gibson confirmed that the Applicant has been
liaising with the police and Environmental Health.  The Applicant has already agreed conditions with
Environmental Health so that all doors and windows must remain
closed from 23:00pm, except for access and egress, whilst regulated
entertainment is taking place.
 

17.     
Mr Gibson explained that the applicant has entered
into extensive negotiations with responsible authorities in
relation to this application, and as a result they have agreed
several conditions and reduced hours. The Panel noted copies of the
correspondence with the police, Licensing Authority/responsible
authorities and agreed conditions and reduced hours have been
included in the Agenda pack (pages 38 to 47) – all of which
was considered by the Panel members prior to the panel
hearing. 
 

18.     
Mr Gibson clarified that the reduced hours mean that
the premises would operate to the same hours as the restaurant next
door, namely The Republic, who have traded without incident since
the grant of their original licence.  
 

19.     
The Applicant informed the Panel members that the
basement has been fully fitted with high end soundproofing and so
it is not going to be noisy.  In any
event, the premises will play music playing in the background and
it will not be loud to cause noise nuisance to
residence.
 

20.     
Mr Gibson pointed out to the Panel members that the
objectors are opposing the application for a premises licence and
that their concerns predominantly relate to the late-night
hours.
 

21.     
In terms of customers coming and leaving the premises late at
night, Mr Gibson told the Panel members that the premises will
ensure customers leave quietly without
causing/affecting local residents. 
 

22.     
In terms of cuisine, the Applicant explained to the Panel members
that he is exploring this and that it is a secret but will ensure
that it is something new.
 

23.     
In response to the questions by Panel members, Mr
Gibson explained thar they will have dedicated space to the front
of the premises for smoking and that the Applicant will set a limit
of a maximum of 5 smokers at a given time.  Furthermore, customers will not be allowed to use
the rear exit on the ground floor other than for fire escape. Mr
Gibson explained to the Panel members that the premises is accessed
via the front of the premises and that there is only one
entrance. 
 

24.     
Regarding noise caused by the live or recorded
music, Mr Gibson explained that the premises will not be like a bar
or a night club and so the Applicant is confident that it will not
be loud.  The Applicant once emphasised
that the basement already had high end soundproofing work done and
so it is well insulated for sound. In any event, the Applicant is
content for the licence to have a condition that all forms of
regulated entertainment can only take place in the
basement.
 

25.     
When asked about CCTV, the Applicant and Mr Gibson
explained that the premises will have CCTV coverage and will be in
line with standard conditions/requirements and that the cameras
will have full facial recognition technology including the CCTV
camera at the main entrance. 
Furthermore, the Applicant will have a specialist to assist with
the installation of the CCTV camera system.
 

26.     
The Applicant confirmed to the panel that he had no
objection to the panel adding conditions deemed to be
suitable.
 

27.     
The Statutory Guidance states that:
 

“2.15 The 2003 Act enables
licensing authorities and responsible authorities, through
representations, to consider what constitutes public nuisance and
what is appropriate to prevent it in terms of conditions attached
to specific premises licences and club premises certificates. It is
therefore important that in considering the promotion of this
licensing objective, licensing authorities and responsible
authorities focus on the effect of the licensable activities at the
specific premises on persons living and working (including those
carrying on business) in the area around the premises which may be
disproportionate and unreasonable. The issues will mainly concern
noise nuisance, light pollution, noxious smells and
litter.

 

             
………

 

2.19 Where applications have given
rise to representations, any appropriate conditions should normally
focus on the most sensitive periods. For example, the most
sensitive period for people being disturbed by unreasonably loud
music is at night and into the early morning when residents in
adjacent properties may be attempting to go to sleep or are
sleeping. This is why there is still a need for a licence for
performances of live music between 11 pm and 8 am. In certain
circumstances, conditions relating to noise emanating from the
premises may also be appropriate to address any disturbance
anticipated as customers enter and leave.

 

2.21 Beyond the immediate area
surrounding the premises, these are matters for the personal
responsibility of individuals under the law. An individual who
engages in anti-social behaviour is accountable in their own right.
However, it would be perfectly reasonable for a licensing authority
to impose a condition, following relevant representations, that
requires the licence holder or club to place signs at the exits
from the building encouraging patrons to be quiet until they leave
the area, or that, if they wish to smoke, to do so at designated
places on the premises instead of outside, and to respect the
rights of people living nearby to a peaceful
night.”
 

28.     
The panel considered the written representations
from other persons.  It appeared to the
Panel that representations seem to concern the possibility of an
increase of noise nuisance if the application for a premises
licence is granted. 
 

29.     
The panel also considered that there are no
objections from responsible authorities including the police and/or
other responsible authorities.
 

30.     
The panel took on board the Applicant’s
response to the objector’s representations and that the
conditions to be attached to meet the licensing objectives and are
enforceable.
 
Decision
 

31.     
Having taken all the representations into account,
the statutory provisions and the Revised Guidance issued under
section 182 of the Licensing Act 2003 and the Council’s
Licensing Policy, the panel decided to GRANT the application
for a premises licence with the following modification:
 

(a) 
Supply of alcohol for consumption on and off the
premises:
Sunday to Thursday 09:00am to 00:30am
Friday to Saturday 09:00am to 01:00am
 

(b) 
Live music and recorded music
(indoors):
Sunday to Thursday 23:00pm to 00:00am
Friday to Saturday 23:00pm to 01:00am
 

(c) 
Late-night refreshment (indoors):
Sunday to Thursday 23:00pm to 00:30am
Friday to Saturday 23:00pm to 01:00am
 

(d) 
Opening hours of premises
Sunday to Thursday 09:00am to 01:00am
Friday to Saturday 09:00am to 01:30am
 

32.     
The Panel has decided to add the following conditions:
 
(a) 
The maximum number of customers present at the premises shall not
exceed more than 36 at a time; and
 

(b) 
No more than a maximum of 5 smokers outside to the
front of the premises.
 

33.     
In reaching its decision on whether to grant this application, the
Panel took into account that during the hearing the Applicant
assured they will not use the premises as a night
club.
 

34.     
The panel would like to remind that a breach of the
licence including the conditions set out above could result in a
review of the conditions and even a revocation of the premises
licence.
 
Right to Appeal
 

35.     
Any party aggrieved with the
decision of the Licensing Panel on one or more grounds set
out in schedule 5 of Licensing Act 2003 may appeal to the local
Magistrate’s Court within 21 days of notification of this
decision.